Florida Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Florida or Court of Appeals of Florida where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Todd v. Talquin Electric Cooperative - 2/3/2003
The appellant challenges a final summary judgment entered in favor of the appellee in this personal injury action. Because we conclude that reasonable persons could differ as to whether the appellee's negligence was a legal cause of...
State v. Calabrese - 1/31/2003
The state appeals the dismissal of a five-count information charging Calabrese with three counts of perjury in an official proceeding and two counts of perjury by contradictory statements. We affirm the dismissal of counts 3 and 4 of...
Magwood v. Tate - 1/29/2003
The issue in this case is whether the law will find unjust enrichment to create a contract implied in law that visits the sins of the parents upon their child. We hold that no contract implied in law arises and reverse the final...
Matallana v. School Board of Miami-Dade County - 1/29/2003
This is an appeal from a summary final judgment in favor of the School Board of Miami-Dade County in Maria Matallana's wrongful death suit, brought as personal representative for the estate of her son, David Matallana. We affirm on the...
Martino v. Wal-Mart Stores - 1/29/2003
While shopping at a Wal-Mart store, Ronna Martino was allegedly injured when her shopping cart collapsed. This appeal stems from the entry of a directed verdict in favor of Wal-Mart Stores, Inc., on the Martinos' negligence claims and...
Rivendell of Ft. Walton v. Petway - 12/30/2002
Employer/Carrier appeal a final order awarding permanent total disability (PTD) benefits to the appellee, Susan Petway (Claimant). They contend it was error to award PTD benefits where the uncontradicted medical evidence established...
Jackson County Hospital Corp. v. Aldrich - 12/27/2002
As these two cases originated from one trial and as many of the factual and legal issues apply in both cases, we have consolidated the two cases for purposes of this opinion. Appellant Jackson Hospital ("JH") challenges the jury...
Fleetwood Homes of Florida - 12/27/2002
Fleetwood Homes of Florida (Fleetwood) and its employees, Marvin Miller and Mickie Oliver, appeal a non-final order that denies, as a matter of law, their motions for summary judgment on the issue of workers' compensation immunity....
State v. Marks - 12/26/2002
The issue in this case is whether criminal defendants charged as principals in the perjury of another are entitled to the benefits of the defense contained at section 837.07, Florida Statutes (Supp. 1990), when the actual perjurer...
Katz v. N.M.E. Hospitals - 12/26/2002
Barbara Greenblatt challenges an order compelling her to appear for a deposition duces tecum in aid of execution of an award of attorney's fees. We treat this appeal as a petition for writ of certiorari and deny it.
This case...
Sklandis v. Walgreen Company - 12/26/2002
Joseph Sklandis appeals a final judgment dismissing his case. For procedural reasons, we remand for a new hearing.
Plaintiff Joseph Sklandis sued defendant Walgreen Company for personal injury occurring on Walgreen's premises....
Graber v. The Joesph L. Morse Geriatric Center - 12/26/2002
Statutory construction and the art of pleading a claim for relief bring this case before the court. The trial court granted a partial summary judgment for the defendant on the survivor's damage claims. By agreement with the defendant,...
Campbell v. R2T Enterprises - 12/20/2002
Campbell, a judgment creditor of VDR Corporation, appeals from an adverse final judgment on his cross-claim against R2T Enterprises, Inc., in an interpleader action. Because we find that Judge Conrad was substantially correct in his...
State Farm Fire and Casualty Company v. Levine - 12/19/2002
We have for review State Farm Fire & Casualty Co. v. Levine, 791 So. 2d 591 (Fla. 3d DCA 2001), which expressly and directly conflicts with our decision in Roberts v. Tejada, 814 So. 2d 334 (Fla. 2002). We have jurisdiction. See...
Greenhill v. Shands Teaching Hospital & Clinics - 12/19/2002
The appellants challenge an order by which their medical malpractice action was dismissed, upon a finding that they failed to comply with a pretrial conference order. As indicated in cases such as Commonwealth Federal Savings &...
Padilla v. Liberty Mutual Ins. Co. - 12/19/2002
Lazaro Padilla appeals the order of the Department of Insurance that, citing Couch v. State Department of Health and Rehabilitative Services, 377 So. 2d 32 (Fla. 1st DCA 1979), dismissed his amended petition for declaratory statement...
General Motors Corp. v. McGee - 12/18/2002
Sheldon J. Schlesinger, Robert W. Kelley, and John J. Uustal of Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, for appellees-Robert J. McGee, individually, Constance McGee,...
Enterprises Leasing Co. South Central - 12/12/2002
Enterprise Leasing Company South Central, Inc., appellant, challenges the trial court's finding that Chapter 99-225, Laws of Florida, violates the single subject rule under Article III, Section 6 of the Florida Constitution. Because...
Integrated Health Care Services - 12/12/2002
Petition for rehearing filed January 13, 2003. Rehearing denied March 13, 2003.
INTEGRATED HEALTH CARE SERVICES, INC., ET AL., PETITIONERS, v. PAULINE LANG-REDWAY, ETC., RESPONDENT.
Application for Review of the Decision...
Benjamin v. Diel - 12/11/2002
Appellants challenge the final judgment entered in their personal injury action, awarding them past lost wages and medical expenses but not future lost wages, after the jury concluded that appellants did not sustain any permanent...
[W] Hyundai Motor Co. v. Ferayorni - 12/11/2002
OPINION WITHDRAWN and new opinion filed February 19, 2003.
HYUNDAI MOTOR COMPANY AND HYUNDAI MOTOR AMERICA, APPELLANTS/ CROSS-APPELLEES, v. ANTHONY J. FERAYORNI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAULETTE JO FERAYORNI,...
Voineag v. Kline - 12/4/2002
Appellee plaintiff filed this personal injury suit in Palm Beach County alleging that an auto accident occurred in Jupiter, Florida. About six months later a witness established, for the first time to the knowledge of the defendant,...
City of Smith - 12/4/2002
The record in this workers' compensation case contains competent, substantial evidence that supports the implicit findings of the judge of compensation claims (JCC) that prior to his retirement on March 23, 1999, the claimant suffered...
Florida Department of Health and Rehabilitative Services v. S.A.P. - 11/27/2002
Petition for rehearing filed December 6, 2002. Rehearing denied January 8, 2003.
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, PETITIONER, v. S.A.P., RESPONDENT.
Application for Review of the Decision of the...
Viveiros v. Cooper - 11/27/2002
In the midst of a personal injury lawsuit arising out of a car accident, the Respondent served the Petitioner with interrogatories and a request for production of documents. The Petitioner filed a response which contained objections to...
Schur v. Florida Birth-Related Neurological - 11/25/2002
Nicholas and Lisa Schur, appellants, challenge the Administrative Law Judge's ("ALJ") conclusion that Dr. Marijane Boyd's failure to provide the required notice under section 766.316, Florida Statutes (Supp. 1998), was harmless....
1620 Health Partners - 11/20/2002
Petitioner, 1620 Health Partners, L.C., d/b/a/ NHC Healthcare, Ft. Lauderdale, seeks certiorari review of a discovery order compelling it to produce incident reports. Petitioner asserts that the reports are protected by the work...
Caratelli v. State - 11/20/2002
Robert Carratelli was tried by jury, convicted of six counts of vehicular homicide, and sentenced to fifteen years in prison. The charges arose from an accident that occurred on June 4, 1999, when Carratelli drove his Mercedes Benz at...
Flores v. Allstate Insurance Co. - 11/20/2002
ON REMAND FROM THE SUPREME COURT OF FLORIDA
Pursuant to the mandate of the Supreme Court of Florida and upon remand to this court, we resolve the remaining issue to determine whether Ruben Flores is entitled to a new trial. See...
Beach Higher Power Corp. v. Rekant - 11/13/2002
In this action, Beach Higher Power Corp. (referred to herein as "BHP"), plaintiff below, appeals a summary judgment in favor of attorney, Kenneth Rekant, granted on the basis of the two year statute of limitations for professional...
Beverly Enterprises-Florida - 11/8/2002
The defendant below, Beverly Enterprises-Florida, Inc., petitions for certiorari review of an order entered by the Hernando County Circuit Court allowing discovery of various evaluations and surveys, together with supporting reports...
[W] Waterman v. Stoll - 11/8/2002
OPINION WITHDRAWN and new opinion filed October 3, 2003.
FLORIDA HOSPITAL WATERMAN, PETITIONER, v. THERESA STOLL AND RONALD STOLL, RESPONDENTS.
Petition for Certiorari Review of Order from the Circuit Court for Lake...
Davis v. Monahan - 11/7/2002
We have for review Monahan v. Davis, 781 So. 2d 436 (Fla. 4th DCA 2001), which expressly and directly conflicts with the opinions in Yusuf Mohamad Excavation, Inc. v. Ringhaver Equipment Co., 793 So. 2d 1127 (Fla. 5th DCA 2001), and...
Norman v. Farrow - 11/7/2002
This case involves an appeal from a final judgment following a jury trial and subsequent hearings establishing the total amount of the final judgment and the "judgment obtained" for purposes of determining whether attorney's fees and...
General Security Insurance Company v. Barrentine - 11/7/2002
This is an appeal from a final declaratory judgment adjudicating the issue of insurance coverage. The trial court held that a truck owned by Bill Barrentine and driven by his employee, Jimmy Jordan, was among the vehicles insured under...
Florida Bar v. Rotstein - 11/7/2002
Petition for rehearing filed November 22, 2002. Rehearing denied January 10, 2003.
THE FLORIDA BAR, COMPLAINANT, v. JONATHAN ISAAC ROTSTEIN, RESPONDENT.
John F. Harkness, Jr., Executive Director, John Anthony Boggs, Staff...
Cedars Healthcare Group - 11/6/2002
ON MOTION FOR REHEARING
On consideration of Respondent's motion for rehearing, we deny the motion, withdraw the opinion dated September 4, 2002, and substitute the following opinion.
Cedars Healthcare Group, d/b/a Cedars...
Toombs v. Alamo Rent-A-Car - 10/31/2002
We have for review the decision in Toombs v. Alamo Rent-A-Car, 762 So. 2d 1040 (Fla. 5th DCA 2000), which certified conflict with the decision in Enterprise Leasing Co. v. Alley, 728 So. 2d 272 (Fla. 2d DCA 1999). We have jurisdiction....
Bergmann v. Freda - 10/30/2002
Petitioner, Deidra Bergmann, D.O., seeks review of an order that requires her to produce her staff privileges application and personal medical records. We grant relief in part and remand for further proceedings with respect to Dr....
Arraras v. Johnson - 10/30/2002
The Defendant appeals the denial of her motion to tax attorney's fees, where Plaintiff had rejected Defendant's proposed settlement offer. On the following analysis, we reverse.
Charles Johnson sued Maria C. Arraras for the...
State - 10/30/2002
The Florida Department of Transportation ("DOT") appeals the entry of summary final judgment in favor of Florida Keys Electric Cooperative Association ("FKEC") where the trial court held that FKEC had no duty to indemnity or defend...
Gervin v. Andrews - 9/25/2002
Dr. Stephen Gervin appeals the trial court's dismissal of his amended complaint seeking relief under 42 U.S.C. § 1983 for failure to state a cause of action. See Fla. R. Civ. P. 1.140(b)(6). We affirm, holding that because he failed to...
Staffney v. State - 9/25/2002
Jesse James Staffney was charged by information with committing a sexual battery on April 1, 2001. Following a jury trial, he was found guilty as charged and convicted. The trial court imposed a downward departure sentence of four...
Jaffe v. Applebaum - 9/25/2002
Steven Loevner, as personal representative for Mata Jaffe, and Arthur Jaffe, Mata Jaffe's husband ("appellants"), appeal an adverse final judgment entered against them upon a verdict in favor of the Defendants in a medical malpractice...
Corvo v. Richardo's Investments - 9/25/2002
The summary judgment entered below for the defendant in this personal injury case involving a fall on the defendant's premises is reversed for trial on the ground that genuine issues of material fact exist as to the liability of the...
Central Dade Malpractive Trust Fund v. Shapiro - 9/25/2002
This is an appeal from a judgment entered on a jury verdict for the putative insured physician under a medical malpractice policy. We reverse.
The basis for our ruling is that the record indisputably demonstrates the doctor...
[W] Bradley v. Brotman - 9/18/2002
OPINION WITHDRAWN and new opinion filed February 19, 2003.
KRISTEN AND DONALD BRADLEY, AS PARENTS, NATURAL GUARDIANS AND NEXT FRIENDS OF THEIR DAUGHTER, KELLY BRADLEY, A MINOR CHILD, APPELLANTS, v. MICHELLE BROTMAN, APPELLEE. ...
Matluck v. Matluck - 9/18/2002
Patricia Matluck files this petition for writ of certiorari seeking to quash an order denying her motion to disqualify her former husband's attorney. The petition raises issues concerning the standard to be applied in determining...
Murray v. Schreiner - 9/13/2002
In this personal injury case, the plaintiffs, Brenda and Grover Murray, contend that the trial court erred in granting summary judgment in favor of the defendant, Earl Schreiner. We agree.
The Murrays filed suit against Mr....
Alterra Healthcare Corp. v. Estate of Shelly - 9/12/2002
We have for review Alterra Health Care Corp. v. Estate of Shelley, 779 So. 2d 635 (Fla. 1st DCA 2001), which expressly and directly conflicts with the opinion in Beverly Enterprises-Florida, Inc. v. Deutsch, 765 So. 2d 778 (Fla. 5th...
Standard Jury Instructions-Civil Cases (No. 02-01) - 9/12/2002
The Supreme Court Committee on Standard Jury Instructions in Civil Cases has submitted a report proposing several amendments to the civil jury instructions as published under this Court's authority by The Florida Bar. See Fla. R. Civ....
Manhardt v. Tamton - 9/4/2002
The appellant, Erin Manhardt, individually and as next friend and parent of Christopher Manhardt, a minor, brought this medical malpractice action against the appellees, Shameem Tamton, M.D., Christopher's pediatrician; Susan W. Short...
[T] Cedars Healthcare Group - 9/4/2002
OPINION WITHDRAWN and new opinion filed November 6, 2002.
CEDARS HEALTHCARE GROUP, LTD., D/B/A CEDARS MEDICAL CENTER, PETITIONER, v. MARGARET M. FREEMAN, RESPONDENT.
A Writ of Certoriari to the Circuit Court for Dade...
Portal v. Asencio - 9/4/2002
On Rehearing Denied
On consideration of the motion for rehearing of plaintiffs/ appellants Marcelino Portal and Rosa Portal, his wife, we withdraw our previously issued opinion and substitute the following opinion: ...
Special Disability Trust Fund v. Brevard County Board of County Commissioners & Underwriters Safety & Claims - 9/3/2002
In this worker's compensation appeal, the Special Disability Trust Fund (Fund) appeals a final order of the Judge of Compensation Claims (JCC) granting reimbursement from the Fund to the employer and carrier, Broward County Board of...
Jones v. R.J. Reynolds Tobacco Co. - 8/30/2002
Robert R. Jones, Jr., as Personal Representative of the Estate of Suzanne M. Jones, appeals an order granting a new trial to the defendant, R.J. Reynolds Tobacco Company ("R.J. Reynolds"), in a wrongful death action. The jury returned...
Pauker v. Olson - 8/30/2002
Petitioner, Neil E. Pauker, M.D., seeks certiorari review of an order of the trial court compelling him to produce certain documents. We grant the petition as to respondent's requests 2, 10, 11, 12, and 13, and we quash the order as to...
Martinez - 8/28/2002
Petitioner, who signed an agreement to purchase a new town home, sued the developer seeking specific performance and for a return of her deposit. The trial court granted the developer's motion for summary judgment on specific...
Maksad v. Kaskel - 8/28/2002
Appellant, Dr. Ali Maksad, raises various claims of error in the conduct of this medical malpractice action in which the jury found no negligence on behalf of his medical providers. We affirm.
Appellant, a cardiovascular surgeon...
Goss v. Permenter - 8/23/2002
In this consolidated appeal, Samuel Goss, D.O., Sharon Nichols- Sells, D.O. and Cardiovascular Associates of Lake County, P.A., appeal from final judgments rendered against them after a jury trial, which included costs, attorney fees...
Premark International - 8/23/2002
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Ted P. Coleman, Judge.
Petitioner, Premark International, Inc., the defendant below in a personal injury lawsuit, seeks certiorari review of the...
[W] General Security Insurance Company v. Barrentine - 8/20/2002
OPINION WITHDRAWN and new opinion filed November 7, 2002.
GENERAL SECURITY INSURANCE COMPANY, APPELLANT, v. BILL BARRENTINE D/B/A B BAR B EXPRESS, JIMMY F. JORDAN, STATE FARM INSURANCE COMPANY, AND ANITA L. ENFINGER, PERSONAL...
Rana v. Flynn - 8/14/2002
Kamlesh Rana, M.D., appeals an order denying his motion to dismiss for lack of personal jurisdiction. We affirm.
Dr. Rana was the physician aboard Carnival Cruise Line's Imagination. Marion Flynn, a passenger, experienced a heart...
Overholt v. Neto - 8/9/2002
In this medical malpractice action, Duane M. Overholt contests a final summary judgment entered by the trial court on behalf of the defendants, Henrique B. Neto, M.D., and Morton Plant Mease Health Care, Inc., on the ground that the...
Kayfetz v. A.M. Best Roofing - 8/7/2002
Plaintiff Richard Kayfetz' home sustained damage from Hurricane Andrew. After some faulty construction was done on his roof, he "pulled" a building permit himself and hired Defendant A.M. Best Roofing Company to reconstruct the roof...
Martinez v. Iturbe - 8/7/2002
Theresa Martinez and Theresa Martinez, M.D., P.A., (hereafter collectively referred to as "Martinez"), petitions this court for a writ of certiorari seeking to quash an order which granted a stay only as to Martinez in a wrongful death...
Vadala v. Polk County School Board - 8/6/2002
ON MOTION FOR REHEARING AND/OR REHEARING EN BANC AND/OR CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE
This cause is before us on Appellees' Motion for Rehearing and/or Rehearing En Banc and/or Certification of Question of...
Radiation Oncology Consultants - 8/2/2002
Radiation Oncology Consultants, P.A., one of the defendants in a medical malpractice action, seeks certiorari review of an order denying an emergency motion for stay and an order which severed one of the other defendants from the...
Gouveia v. Phillips - 7/31/2002
We withdraw our previous opinion released on April 24, 2002, and substitute this corrected opinion.
A wise person once quipped that Britain and America are two nations divided by a common language. It seems that this intuition is...
State Farm Mutual Automobile Insurance Co. v. Sestile - 7/31/2002
Judith Sestile and Julie Barrett are insureds under State Farm automobile insurance policies providing personal injury protection and medical payments insurance. Their policies require State Farm to pay "80% of the reasonable charges...
Hart v. Stern - 6/28/2002
In this medical malpractice case, the Appellants, Jade Lakay Hart, a minor by and through her parents, Rhonda Lagree and John Hart, and Rhonda Lagree and John Hart, individually, (collectively Hart) appeal the final judgment rendered...
Nehme v. Smithkline Beecham Clinical Laboratories - 6/28/2002
Naji Nehme, as personal representative for the estate of Rhonda Nehme, appeals the summary final judgment entered in favor of the defendants, Smithkline Beecham Clinical Laboratories, Inc. (Smithkline), Dr. William Shutze and Premier...
Halili v. Radiation Oncology Consultants - 6/28/2002
Petitioner, Daniel Halili, M.D., ("Halili") seeks certiorari review of three orders rendered by the trial court. One denied his motion to stay the taking of his deposition in a medical malpractice case. Another denied respondent...
Jamieson v. Kurland - 6/28/2002
Appellees motion for clarification and/or rehearing is granted. The opinion issued on April 26, 2002, is withdrawn and the attached opinion is substituted.
Janet Jamieson and Robert Jamieson sued the defendants, Brian Kurland,...
Florida Bar v. Rose - 6/27/2002
We have for review a referee's report regarding alleged ethical breaches by Brent Allan Rose. We have jurisdiction. See art. V, § 15, Fla. Const.
The Florida Bar filed a complaint against Brent Allan Rose alleging that he...
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